Expert Assistant In Civil Action

Along with the social science and technology level development, the specialized question which appears in the lawsuit are more and more, judge who because of own knowledge lacking, is unable regarding the specialized technical question to depend upon own strength processing, so each country all through draws support from expert's help to investigate thoroughly the case fact. Suitable is the expert witness which invites by the litigant appears in court in the British and American legal system country to the specialized question to carry on the explanation explanation the expert witness system, the mainland legal system country then is suitable the expert system which invites by judge, two kind of systems pass through many years practice while to try the case to judge to bring the convenience the malpractice day by day to be also prominent. Our country present appraisal system deviation in the mainland legal system procedure, in meets has the specialized detail which judge is unable to verify voluntarily, the court may entrust the related judicial organization to carry on the appraisal, but no matter legislate regulation that have or try practice, the congenital deficiency exists has the congenital insufficiency. On April 1, 2002 implemented"Supreme People's Court about Civil action Evidence Certain Stipulations"61st to propose for the first time the expert assistant's concept, allowed party apply with special knowledge person is it prove and inquire to specialization issue to the surveyor to go on. Thus rewritten it by the situation that the expert's conclusion unifies the whole country , has founded the auxiliary systems of people of the expert coexisting with surveyor's system. This is the progress which legislates, however very few the number strip stipulation is unable to direct the trial practice the need, many courts were being suitable this stipulation also to meet the barrier which was unable to overstep. The author will believe that, should set up"the expert– expert"in our country the system, will have the expert system and the expert assistant system organicunion, fully will display the expert and the expert assistant's function. This article in detail was introducing the British and American legal system country expert witness system in the foundation, analyzes its good and bad points, appraises all sorts of malpractices at present in view of our country which in the system exists and"Evidence Stipulation"the 61st legislation spirit, proposed the establishment"the expert– expert"the system tentative plan, and proposed the preliminary conception tothe expert assistant's establishment.